WESTINGHOUSE SAXBY FARMER LTD Vs. RAJ BEHARI RAM

JUDGEMENT

(1.) In both the writ application being C.O. No. 4046 (W) of 1988 and C.O. No. 4047 (W) of 1988 the petitioner company namely, Westinghouse Saxby Farmer Ltd. has challenged the Award dated 27th September, 1987 passed by the 9th Industrial Tribunal, jointly in case of X-30/82 and X-31/82, which were heard analogously. By the said award it was directed that the dismissal of Shri K. B. Dalrami, workman respondent no. 1 and Shri A. K. Patra, workman respondent no. 2 in C.O. No. 4047 (W) of 1988 and Raj Behari Ram workman respondent no. 1 in C.O. No. 4046 (W) of 1988 are not justified and they are entitled to get reinstatement in their respective services from the date of their dismissal with all back wages, all allowances and all the benefits which they were entitled to get up to this day if they were in service. As Shri A. K. Patra died sometimes in August, 1984 during the pendency of the proceeding before the Tribunal and was substituted by his widow, it was held that his legal heirs were entitled to get the money by way of wages, allowances and other benefits covering into money, according to their respective share from the date from the date of dismissal of A. K. Patra till the date of his death.

(2.) The petitioner company has challenged such Award on a number of grounds.

(3.) The first contention of the petitioner company is that the reference itself was bad. It is contended that all the workmen were discharged from their service and were not dismissed; that the dispute in respect of K. B. Dalrami and A. K. Patra reference was made to the 9th Industrial Tribunal, Durgapur under section 10 of the Individual Disputes Act, whereas the dispute in the case of Raj Behari Ram was referred to the 9th Industrial Tribunal under section 10 read with section 2A of the Industrial Disputes Act, 1947 with the issue whether the dismissal of the workman concerned or justified or not. It is contended that since the workmen were not dismissed but discharged, such a reference was bad.